Tag Archives: Claudia Tenney

NY-22: Up 12, Down 14, Now +27

By Jim Ellis

Former New York Rep. Claudia Tenney (R) leads by a whopping
27 votes in her bid to return to the House in the NY-22 race.

Jan. 11, 2021 — The vacant NY-22 electoral count continues to drag on with an end possibly coming soon … at least until the post-election lawsuits begin. The judge still reviewing the initial voting results, Oswego County Supreme Court of the 5th Judicial District of New York Justice Scott DelConte, is personally reviewing all of the contested ballots that at one time totaled approximately 2,100.

Former Rep. Claudia Tenney (R), originally elected in 2016 and who Anthony Brindisi (D-Utica) unseated in 2018, indicated that the latest count, which election officials provided to the candidates, shows her holding a 27-vote districtwide edge. Originally, Tenney led by 12 votes, then, a later tabulation allowed Brindisi to turn the tables to post a 14 vote lead; now Tenney appears to have re-captured the slight advantage, this time by a whopping 27 votes.

The former congresswoman was quoted in a media statement saying, “now that every undisputed ballot has been counted twice, we are still in the lead.” At issue, however, are between 400-500 contested ballots recently delivered to the Justice from Oneida County, an entity that Tenney carried.

Of the district’s eight counties, six of them have finally completed their tabulation after correcting the errors in their ballot challenge procedure per the judge’s instructions. Only small Tioga County, approximately 5,700 votes, had no issues after the initial count. The other seven counties, Justice DelConte concluded, had not complied with New York election law in processing and reporting their challenged ballots; hence, the presiding judge returned the affected ballots to the county offices with orders to correctly process and account for the undetermined votes.

The two remaining outstanding counties in relation to their challenged ballots, Broome and Oneida, are the district’s largest local entities. Together all of Oneida County and the 22nd District portion of Broome, which contains almost the entire latter county’s resident number, account for 60.4 percent of the district’s population. Tenney carried Oneida, with a 50.1 – 48.5 percent vote spread. Brindisi, the 116th Congress incumbent, placed first in Broome County, 56.5 – 40.8 percent. All but the challenged ballots are accounted for, however, and Tenney still maintains the slightest of district leads.

A total of 100,618 votes were cast in Oneida County and 89,775 in Broome. Districtwide, not counting the challenged votes, the district vote total exceeds 311,000 ballots.

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NY-22: Judge Rules

By Jim Ellis

Former US Rep. Claudia Tenney (R) leads freshman Rep. Anthony Brindisi (D-Utica) by just 12 votes out of 317,727 tabulated ballots.

Dec. 10, 2020 — The only House race still uncertified or undecided will remain in political limbo for at least a couple of more weeks. Tuesday, in a 20-page ruling, state Supreme Court Justice Scott DelConte returned the contested race back to the counties to properly complete the canvass process in order to ensure that all eligible votes are counted and recorded.

At this point, former US Rep. Claudia Tenney (R) leads freshman Rep. Anthony Brindisi (D-Utica) by just 12 votes of 317,727 tabulated ballots.

At one point, Tenney led the count by 28,422 votes, but that lead all but disappeared when the 60,000-plus mail votes were recorded. At one point, Brindisi took a 13-vote lead, but a discovered mistaken count in Herkimer County changed the outcome to give Tenney her present 12-vote edge.

In New York, the local district court — or superior court as some states label it — is referred to as a Supreme Court. Justice DelConte has assumed jurisdiction for the case and determined that seven of the congressional district’s eight counties did not follow New York election law or procedure as to how county personnel handled many of the contested ballots and those that are seemingly uncounted.

Additionally, the judge denied both Tenney’s motion to certify the current count and Rep. Brindisi’s motion to recount only some of the counties and precincts. Justice DelConte wrote that Tenney’s motion ignored the clear fact that a bevy of ballots remain uncounted and recorded, and Brindisi only wants to adjust the areas that are favorable to him.

Only Tioga County correctly completed the counting and canvass process and is therefore not involved in this post-election adjustment period. Personnel in the other seven counties, however, at least failed to adhere to New York law that requires a written explanation on the invalid ballot itself as to why it was rejected and who made the challenge. Instead, many contested ballots were affixed with post-it notes, many of which have become dislodged and lost.

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IA-2: Hart Petitions the House

By Jim Ellis

IA-2 Republican congresswoman-elect Mariannette Miller-Meeks – or is she?

Dec. 4, 2020 — As things officially stand, Rita Hart, the Democratic nominee in the open IA-2 congressional district that occupies the southeastern part of the state, has lost to state Sen. Mariannette Miller-Meeks (R-Ottumwa) by a grand total of six votes from more than 393,000 ballots cast, but the challenge process from the Democrat is apparently not over.

Though the state has certified the race, Hart is reportedly preparing to take the results directly to the US House of Representatives, asking the House Administration Committee to investigate the counting process. Ultimately, the House itself has the power to seat all of its members.

Normally, any individual possessing a duly authorized certificate of election from the state’s official election administrator, usually the Secretary of State, is seated. There is precedence, however, for denying duly elected candidates their seats.

Under Iowa election law and procedure, Hart had another way to challenge the results. Her campaign staff claims that certain ballots were not counted in the original or recount process, and there are enough, they say, to flip the final outcome in Hart’s direction.

In Iowa, such a disputed election goes to a judicial panel over which the state Supreme Court Chief Justice presides. In addition to the Chief Justice, the high court then chooses four other judges from around the state to comprise the special panel. In this case, the judges would have had to declare an official winner by Dec. 8 in order to comply with Iowa law. The Hart campaign contended that was not adequate time to consider the ballot challenges, so they opted to petition the House itself.

Rep. Zoe Lofrgen (D-CA) chairs the House Administration Committee, which includes five additional Democrats, two more from California, and three Republicans. The other members are: Reps. Jamie Raskin (D-MD), Susan Davis (D-CA), G.K. Butterfield (D-NC), Marcia Fudge (D-OH), and Pete Aguilar (D-CA). The Republicans are Ranking Minority Member Rodney Davis (R-IL) and Reps. Mark Walker (R-NC), and Barry Loudermilk (R-GA).

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It’s Now Down to Three

By Jim Ellis

David Valadao (R)

Nov. 24, 2020 — Unofficial victory projections are being made for California’s 21st Congressional District in favor of Republican former Rep. David Valadao (R-Hanford). It is becoming clearer as more mail votes are being counted and the pool of remaining ballots diminishes to under 10,000, that Valadao has defeated freshman Rep. T.J. Cox (D-Fresno) in one of the few remaining undetermined congressional campaigns.

Real Clear Politics, the Cook Political Report, and the local Fresno Bee newspaper are all reporting that Valadao has won the race, though the former Congressman himself has yet to declare victory and Cox has not conceded defeat.

Valadao, who previously served three terms in the House after his original election in 2012 before losing to Rep. Cox in a tight 862-vote margin two years ago, currently leads the 2020 outcome by 1,618 tabulations.

Cox has attracted 58.5 percent of the vote in Kern County, the district’s largest population entity, but with approximately 9,000-11,000 votes remaining at most even such a large percentage will likely leave him over 1,000 tallies short of Valadao’s total. Over 1,500 votes remain in Kings County, in which the Republican recorded 62.1 percent support. Tulare County, which finds only eight percent of the voting population contained within the congressional district, split almost evenly between the two men as Cox leads there by just 21 votes. Fresno County has fully reported.

The Valadao victory means the Republicans have now gained a net 10 seats with three races remaining outstanding. A fourth undetermined race, that in Louisiana’s 5th CD, is going to a post-election runoff on Dec. 5. While the winning candidate is yet unidentified, the secondary election is between two Republican candidates, former congressional aide Luke Letlow and state Rep. Lance Harris (R-Alexandria), so the GOP is assured of holding the seat.

Also, in California, freshman Rep. Mike Garcia (R-Santa Clarita) is claiming to have won the north Los Angeles/Ventura County 25th District. Though only leading by exactly 400 votes with what looks to be in the neighborhood of 4,500 ballots waiting for verification and counting, this razor-thin race looks to be coming down to the final few ballots.

Democratic opponent Christy Smith, a first-term state assemblywoman, accused Rep. Garcia’s victory declaration as being “dangerous to our democratic process.” She then immediately filed a 2022 congressional committee with the Federal Elections Commission. Therefore, if Garcia does in fact win the contest, it appears we will see the third edition of a Garcia-Smith campaign two years from now.

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Outstanding Races Near Conclusions

By Jim Ellis

Nov. 23, 2020 — We are now down to four undetermined US House campaigns and one that will go to a double Republican runoff on Dec. 5.

Last week, the NJ-7 race that was called for Rep. Tom Malinowski (D-Rocky Hill) on election night but rescinded when the post-election votes were drawing state Senate Minority Leader Tom Kean, Jr. (R-Westfield) close to dead heat range, has now culminated. Again, Rep. Malinowski was determined to be the winner when the number of uncounted votes became less than the margin between the two candidates.

The open 5th District in Louisiana is headed to a Dec. 5 runoff election. Here, Republicans Luke Letlow and state Rep. Lance Harris (R-Alexandria) will battle to replace retiring Rep. Ralph Abraham (R-Alto). Since both finalists are Republicans, the GOP keeping this seat is not in doubt.

The Iowa 2nd District race between state Sen. Mariannette Miller-Meeks (R-Ottumwa) and former state senator and 2018 lieutenant governor nominee Rita Hart (D) continues in full recount. Miller-Meeks had a 47-vote lead as the recount began. Under Iowa law, the leader has been certified as the winner, but that would change should the recount produce a different result.

Hart filed recount petitions in all of the district’s 24 counties. The various election officials have 18 days to complete their additional canvass, which means we should see a conclusion here sometime near Dec. 1.

In New York, counting continues in the 22nd District where former US Rep. Claudia Tenney (R) continues to lead freshman Rep. Anthony Brindisi (D-Utica) by a relatively substantial margin as the number of uncounted ballots slowly dwindles. The latest count finds the former congresswoman and ex-state Assembly member leading Rep. Brindisi by 10,967 votes according to the CNN count, which appears to have the most updated data.

Almost 292,000 ballots have been counted with an estimated 26,000-plus votes remaining. To overcome the difference, Rep. Brindisi would have to attract approximately 71 percent of the outstanding ballots. In the 2016 election, 296,086 individuals voted in the congressional race. Therefore, if the estimated outstanding total of 26,000-plus is near correct, then turnout would have increased approximately nine percent from the last presidential election turnout model when compared to the current vote.

In the last group of approximately 25,000 votes, Congressman Brindisi garnered closer to 68 percent in reducing Tenney’s lead from 21,812 votes to the current number. Unless the remaining ballots are even more Democratic than the latest batch, Tenney will likely remain in the lead and soon claim victory.

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